Annexure 1 — GOODS_MANUAL
Original Rule Text
Annexure 1: Hierarchy of Procurement Guidelines (Refer Para 1.1-3)
Hierarchy Levels of Procurement Guidelines I – Statutory Framework The Constitution of India Mercantile Laws: Indian Contract Act, 1872 and the Sale of Goods Act, 1930; Arbitration and Conciliation Act, 1996; Competition Act, 2002; Information Technology Act, 2000 Laws specific to Public Procurement: Right To Information Act, 2005; The Micro, Small and Medium Enterprises Development Act, 2006; Prevention of Corruption Act, 1988; Lokpal and Lokayukta Act, 2013; Whistle Blowers’ Protection Act, 2014; Code of Criminal Procedure129 (CrPC), 1973, Central Vigilance Commission Act, 2003, Delhi Special Police Establishment Act, 1946 (DSPE) – CBI, Indian Penal Code130 1860 II – Rules and Regulations Delegation of Financial Power Rules General Financial Rules, 1987 (Amendment) 2022 General Financial Rules, 2017 Any other orders and guidelines of the Government on the subject of Public Procurement regarding financial, vigilance, security, safety, counter-trade and other regulatory aspects III –MoF Manuals and Procuring Entities’ Codes/ Manuals Ministry of Finance’s Manual for the Procurement of Goods/ Works/ Consultancy Services and NonConsultancy Services More Comprehensive and detailed Codes and Manuals for Public Procurement for various categories issued by ‘Procuring Entities’ for their use IV – MoF MTDs and Procuring Entities’ Tender Documents Ministry of Finance’s Model Tender Documents for Procurement of Goods/ Consultancy Services/ Non-Consultancy Services etc. Procuring Entities’ Tender Documents for Procurement of Goods/ Works/ Consultancy Services etc.
1. The documents at Hierarchy Levels I and II above are of fundamental and generic nature. 2. Documents at lower levels of the hierarchy must conform to the Documents higher up in the hierarchy. 3. Relationships of Bidders /Suppliers / contractors /service providers with procuring entities are solely governed by the law of the land and the relevant tender/ contract/ registration document(s). Other documents at hierarchy levels II and III mentioned above shall have no locus standi in such relationships.